Arlington Bar Journal Winter 2009

JOURNAL OF THE ARLINGTON COUNTY BAR A SSOCIATION A CONVERSATION WITH: H O N . P A U L F. F E R G U S O N CLERK, ARLINGTON CIRCUIT COURT

Volume 23, Number 5 W i n te r 20 0 9

INTERVIEW

Special points of interest: • Interview with Paul Ferguson– Part 1 • Raum: Bankruptcy Can Buy Some time • Wireless Network Security

BY

JOHN BORSARI, EDITOR

Editor’s Note: Fifteen months after he was elected Clerk of the Arlington County Circuit Court, Paul Ferguson sat for an interview with the Journal. Mr. Ferguson is a 1992 graduate of the George Mason University Law School and a graduate of Wakefield High School. He lives in Arlington with his wife, attorney Karen Keyes, and his two sons, Timothy (10) and Daniel (7). Mr. Ferguson was on the County Board from 1995 to 1997, serving as its Chairman in 1999, 2003 and 2007. The interview will be presented in two parts,. Both installments will include questions on his time as Clerk of the Court and his 12-year service on the County Board.

What motivated you to seek the job of Clerk of the Court?

INSIDE THIS ISSUE:

Paul Ferguson-Part 1

1

New Members

5

Member News

5

In the Stacks

6

President’s Message

8

IP: Richard Litman

10

Circuit Court Calendar

12

GDC Calendar

13

Tech: Chris Crittenden

14

Raum On Bankruptcy

18

Bar Foundation

19

knowledge of County government makes me a good fit. Although I’m an elected constitutional officer, I have to I’ve known David Bell my entire career. get budget approval just like every other He’s someone I’ve addepartment in the county. mired. Following his caMy knowledge of the reer I always thought that process has been a good being Clerk of the Court thing for this office. I enwould be something I joy my interaction with would be interested in dopeople that come to this ing. As an attorney I felt office. The primary interI had a good general action I have is with juknowledge of the legal rors. I conduct jury orisystem but I’ve had a lot entation twice a month to learn here on my first and have found it rewardyear on the job. The ing to go over the differClerk of the Court is the ent aspects of what we do connection between the as a court as it relates to legal system, the public and the attortheir jury service. I also enjoy the opneys. I feel that my background with portunity to talk with Arlington and constituent services on the County Falls Church residents about our court Board and my legal background, plus my system.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

How do you keep from being isolated from the public and fight the natural management problem of spending all your time in the “back room?” I enjoy going out to the counter and seeing people. I enjoy jury orientation. I visit with the jurors as they come in before they’re actually called into the courtroom. My job frequently requires coordination with the Sheriff’s Department, the Commonwealth’s Attorney and the judges. I do my best to make myself accessible to the public and attorneys who stop by the office Isolation isn’t a problem. I’ve had many interesting conversations with people who contact our office to obtain the many services we provide the public on a daily basis. Have you had to make decisions balancing court efficiency against public access to the courts? As far as future priorities for this office, we would like to minimize the trips to the courthouse for people who need to access files but there’s a question of how you balance public access with the more sensitive personal information that is often contained in our civil, criminal, and probate files, especially with the internet. I am working to make the files more accessible by computer but there needs to be a balance, and I am hesitant to move too quickly on this.

W i n te r

200 9

Page 2

Do you have plans in the works to make court records more accessible?

in the jury assembly room when they’re waiting to be called for trial.

Yes, I hope that within the next two years you will be able to access files by computer just like in the land records section of the office. If you are a frequent user of our land records you can be a subscriber for $50.00 a month so you can access that information online.

What’s been the reaction to your new requirement to notice civil motions a week before the hearing?

And that would require scanning of the various pleadings in the files? We will probably initiate a scanning project for new cases, and on as many active cases as possible. As far as going back and scanning all the files, that probably won’t be possible. What changes in procedures and practices have you made in the clerk’s office? David Bell provided great service to the Arlington Bar and to the public for more than thirty years, so it was a seamless transition. Most people will still say that it’s the same great service that I was getting before but with a few enhancements on the margin. One of the things we’ve done for jurors is to provide wireless internet so that when they’re waiting to be called for trial they can really work. Its like a giant study hall

That was something that put us in line with what other jurisdictions were doing. The week notice made it easier for us to balance the civil motion’s docket so that law clerks and the judges could see what was actually going to be on the docket for that particular day. No one wants to wait around too long on motion’s day so this enabled us to properly plan for the amount of cases that were coming in and for the law clerks and judges to be able to do the necessary preparation given that week lead time. But, anytime there’s a change, some people prefer the previous system. I consider this a minor change. However, if there are any future changes, I will do my best to speak to the bar association in person to get their input first. Have there been any changes in your personnel? With Arlington County budget cuts, our office has lost 2 ½ positions over the last year. We were lucky in that a few deputy clerks took advantage of the opportunity offered by the

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

County to retire because they were eligible for it and it was just the right time for them personally. Others who have retired over the past year include Barbara Kelley who served this court for over 30 years as head of the Civil Division. Barbara retired six months after David Bell and I was thankful she decided to stay on for those six months. Bonnie Johnson is filling that role now and is doing an excellent job as the head of the Civil Division. Bonnie was formerly in the Criminal Division. Judy Wheat joined the office at the end of last year as Chief Deputy and Legal Counsel. Judy worked in this office in the 1980s before she became an attorney and many are familiar with her work as an attorney. She’s doing a great job. Bob McCarthy has announced his retirement in October of this year. Bob has served the Arlington Circuit Court for 33 years. Having his experience in the office has been a great asset during my first year. We’re going to miss him. Toni Copeland, who many of you know from her service to Arlington County, is our jury coordinator and is doing a wonderful job of jury administration, as well as helping us transition to a new jury management system. What relationship does the Circuit Court Clerk have with other County courts? Do you interface with them at all, or interact with them at all?

W i n te r

200 9

Ed Semonian (Alexandria), John Frey (Fairfax), and Gary Clemens (Loudoun) have given me a great deal of assistance. Whenever I meet a Clerk of the Court from another locality, they mention that David Bell was a great help to them. I am benefiting from the relationships that David built up over the years. When a question arises, often times Ed, John, Gary and I will contact each other to see if they have encountered the situation before. I also know many judges and staff from our neighboring jurisdictions from when I practiced law. We also are very fortunate to have a number of retired Judges from other jurisdictions serving as substitutes or hearing other matters here, so I have a lot of access to judges from neighboring jurisdictions as well. Do any of the budgets from General District or Juvenile & Domestic Relations Courts come through your office? No. That’s something I am glad that you asked so I can make it clear. The staff in the General District Court are all state employees whereas the people who work in the Circuit Court are County employees., I have no jurisdiction over the other courts whatsoever. The clerks for those courts are appointed by the judges, whereas the Clerk of the Circuit Court is elected. Big difference!. I can’t tell them what to do and wouldn’t try. But I do consider each of those courts as partners. We’re all one

Page 3

judicial system, one courthouse, and so the closer we can work together, the better we serve the public, which is the goal of our office. Have you had any surprises about the functioning in the Clerk’s office now that you’re on the other side of the counter? No major surprises except that I sign a lot of concealed weapons permits. I’m continuing to learn. You served on the County Board for 12 years, leaving in December of 1997. What do you miss and don’t miss about serving on the County Board? I miss the ability to help constituents with their concerns about the budget and issues affecting their neighborhood. However, in a much different way, I get that serving as Clerk of the Circuit Court. I certainly don't miss the Saturday meetings. Twelve years was the right amount of time for me to serve. I like my former colleagues and am able to keep in touch with them. I don't miss being on call 24/7. As a County Board member, when people had a problem it really didn't matter what time it was, they would contact me. As Clerk, with a few exceptions such as weather emergencies, election day, or a grand jury or trial running long, my work gets done for the most part during normal business hours. While on the Board, you set

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

environmental quality and conservation as one of your priorities. Now that you’re Clerk of the Court are you able to continue your involvement in that field? Yes, in a limited way. The environmental initiative that we started at the County is still continuing. All of the current Board members are very supportive of it. It’s really not my initiative. It’s the County’s initiative and the initiative of the Board as a whole. Because I was Chairman that year, it was viewed as my initiative. But weren’t you really the driving force? I think it’s fair to say I was the driving force but it would not have been successful without the support of the entire Board. Even though I’m not there, it’s fully supported by each Board member and there’s staffing in place to meet the five year goals that were set out. In your current position as Clerk of the Court is there anything you can do in that area of environmental quality and conservation that? Well, my job is Clerk of the Circuit Court so those duties are my primary focus. As Clerk I have made an effort to ensure that the office is run in as environmentally friendly a manner as possible and that all of my staff take the county’s green pledge. In addition, I was appointed by the Governor to the Commission on Climate Change

W i n te r

200 9

which took a good bit of time. However, that’s finished now. I also have continued to assist the County Board with the Council of Government’s Committee on Climate Change. I am the Chairman of the Board of a group called Earth Craft Virginia Homes. It’s a successful nonprofit that certifies homes as energy efficient. It’s a green label that developers are using to market their properties in a difficult market. It also saves the purchaser of the property money because it’s more energy efficient. There are three board meetings a year. Otherwise, I am devoting myself to the responsibilities I have as Clerk . I feel that things are running very well, but I always welcome input from the Bar on how we can do things better. When you left the Board, were there any projects that were unfinished that you regret not being able to finish up? Not really. [Former Clerk] David Bell announced his retirement in late January 2007 and I announced that I was seeking the position in early February so I knew for most of the year that I was going to need to finish up things. I’m happy with what I was able to accomplish. There is one thing that comes to mind involving a building in Cherrydale on Lee Highway that is unfinished. I believe now there’s an application in to take the shell of the building and finish it. That is one vote that I wish I could take back. The neighborhood was requesting a firehouse

Page 4

there. The mixed-use development may turn out to be great and I hope it will be completed in the next couple of years. When I see that building boarded up ,it reminds me that it is something I wish had turned out better in a faster way. My understanding is that the building is going to have to be taken down. Now it appears that there is a developer who can take the existing structure and remake it so that it’s safe and market it as a property. I understand he’s obtained an engineering certification for this. The Cherrydale Firehouse relocation came up under your Chairmanship. Was that issue fairly contentious? It was contentious when it came up in 2003 and continued to be so. The firehouse will hopefully be completed soon. It will be located behind the Toyota dealership, which is where the Board ultimately agreed to put it.

Editor’s Note: In the second and final installment, Mr. Ferguson discusses the clerk’s budget, major projects underway in the Clerk’s office and the controversy over the baseball stadium and affordable housing. The second installment will appear in the next issue of the Journal.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 5

NEW MEMBER ADDRESSES Stephen A. Cobb Odin, Feldman & Pittleman PC 9302 Lee Hwy, Suite 1100 Fairfax, VA 22031 (703) 218-2103

Anna I. Kaldenbach-Montemayor Ana Isabel Kaldenbach, Esq. 3621 S. 6thSt. Arlington, VA 22204 (703) 979-3076

Henry R. Gola (Student Member) 1762 N. Rhodes St. #347 Arlington, VA (703) 670-2222

Stuart A. Raphael Hunton & Williams LP 1751 Pinnacle Drive, Suite 1700 McLean, VA 22102 (703) 714-7463

Karen Griffin Kaldahi Kaldahi Resources 1937 S. George Mason Dr. Arlington, VA 22204 (703) 980-1822

Kimberly Martin Turner Law Office of Kimberly Martin Turner 1100 N. Glebe Rd., Suite 1010 Arlington, VA 22201 (703) 224-8271

MEMBER NEWS CHUCK VASALY has relocated to 711 Park Avenue, Falls Church VA 22046. His phone number remains (703) 538-3603 & fax number remains (703) 538-2606.

ETHAN ALLEN TURSHEN, longtime ACBA member, passed away Monday, February 9th.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 6

IN THE STACKS By Patricia Petroccione CELEBRATE NATIONAL LIBRARY WEEK: APRIL 13 – 17 "A library book...is not, then, an article of mere consumption but fairly of capital, and often in the case of professional men, setting out in life, is their only capital." - Thomas Jefferson (1743-1826) Join us in the library for National Library Week activities. Enjoy complimentary coffee, juices and light breakfast refreshments on Thursday, April 16, from 9:00 a.m. to 11:30 a.m. The LexisNexis representative will be present during that time to provide training for basic and advanced Lexis searching. The used book sale will be held during the week, as well as our annual “Guess the Number of Gummi Bookworms in the Jar” contest. First sponsored in 1958, National Library Week is a national observance sponsored by the American Library Association (ALA) and libraries across the country each April. It is intended to celebrate the contributions of our nation's libraries and librarians and to promote library use and support. Did you know there are more than 123,000 libraries of all kinds across the United States? BOOK DONATIONS Additional resources are always helpful to maintain an updated core of legal materials in the library. We are grateful to Arlington Bar members who continue to support the library with donations of funds and books. Thank you to the following Arlington Bar members: Robert Gookin David Sattler Woodrow Walker Walsh Colucci Lubeley Emrich & Walsh WEBSITE ALERT This month’s recommended URL is http://mlanet.org/resources/medspeak/topten.html. This is a helpful list of the top ten most useful medical websites for health consumers as compiled by the Medical Library Association.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

NEW BOOKS Appellate Practice: Virginia and Federal Courts; Virginia CLE, Fourth Edition, 2008 Choosing a Virginia Business Entity; Virginia CLE, Third Edition, 2009 Construction Law 2008-2009 Edition; Virginia Practice Series; West Publisher The following new books were provided as “gifts” from the publisher: Criminal Evidentiary Foundations, Edward J. Imwinkelried, 2007, Second Edition, Lexis/Nexis. Federal Pretrial Civil Litigation, Jenner & Block, LLP, 2008 Edition, Lexis/Nexis.

The George Mason Journal of Law, Economics & Policy presents: A Symposium on Mark to Market Accounting Reform Where: Hotel Monaco, 480 King Street, Alexandria, VA 22314 When: April 10, 2009, 10 am to 4 pm, with a reception to follow. Cost: Free for students and $35.00 for non-students. The event includes lunch and refreshment breaks, as well as one drink ticket for the reception. Registration is not required for the event. The event will feature: Haresh Sapra of The Chicago Booth School of Business Nicole Gelinas of the Manhattan Institute Raymond Niles of Capitalism Magazine & Peter Wallison from American Enterprise Institute. Please contact Katie Aufderhaar at [email protected] for questions.

Page 7

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 8

PRESIDENT’S MESSAGE BY WILLIAM K. WETZONIS, PRESIDENT

Spring is around the corner and while it is a season that represents new beginnings, it is difficult to think about a fresh start in these stressful financial times. The legal community is not immune to the effect of this faltering economy as evidenced by the recent news reports of massive firm layoffs. Notwithstanding, I know that we will meet the challenges that lie ahead and ultimately succeed in bringing prosperity and service back to our nation and our local community. Winston Churchill once said “Success is not final, failure is not fatal: it is the courage to continue that counts.” With that said, I hope you will look at this Spring as a new beginning in your profession and pursue a stronger commitment to helping those less fortunate in our community. A great opportunity towards this goal is to set aside some time for pro bono work. Whether it is providing some advice on a landlord/tenant matter or assisting on an elder law matter, everyone wins in helping out those who may not be able to afford an attorney to address such issues. I strongly urge all members to participate in a pro bono project this year. One project that needs volunteers is the Wills for Heroes Program that we will be offering in May 2009. This program is designed to prepare wills for first

responders such as firefighters, emergency personnel, and police. It is a great opportunity to give back to individuals who serve our community. Please contact Brent Baxter at his email address at to sign up as a volunteer for this program. Of course, all this hard work should not go unrewarded. One event that you do not want to miss is the Judges’ Dinner which will be held on Saturday, April 4, 2009, at 6:30 p.m. at the Westin Hotel in Ballston. Our guest speaker is Chuck Rosenberg, former United States Attorney for the Eastern District of Virginia and who now works as a partner in the litigation practice group of Hogan and Hartson in Washington, D.C.. Make sure you save the date on your calendar as this will be a great event. Finally, I want to remind members that there are some interesting CLE programs coming up this Spring. On March 26, 2009, Bill Fogarty of Walsh, Colucci, Lubeley, Emrich & Walsh, will be speaking on the subject of condominium law. On April 16, 2009, Bill Murray of Manning and Murray will present a Trust and Estates seminar. Please contact Dennis Cuppy at (703) 228-4465 or on line at to sign up for these programs.

we will meet the challenges that lie ahead and ultimately succeed in bringing prosperity and service back to our nation and our local community

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 9

LEGAL ASSISTANT Immediate opening for detail-oriented legal assistant in fast-paced Lake Ridge family law practice. Excellent organization skills required. Minimum of 2 years family law experience a must, bankruptcy experience a plus. Salary + benefits. Fax resumes to Julie 703-4924201.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 10

INNOVATION WILL CATAPULT OUR ECONOMY TO 21ST CENTURY PROSPERITY By Richard C. Litman, Litman Law Offices, Ltd., Arlington, VA Ingenuity catapulted the world’s economy to new horizons in past centuries. Electricity, oil, nuclear power and other sources of energy fueled the growth of the global economy in the last century. With electricity came lighting, electronics and the age of information technology. With oil came the proliferation of automobiles, jet airplanes and the use of plastics. The nuclear era brought even further discoveries in medicine, space exploration and energy. Economic prosperity can return, and return quickly, through good old-fashioned ingenuity. Conceive, Believe and Achieve The great thinkers of the world became the catalyst for technological enlightenment and economic growth during the twentieth century. It is no different now. The stimulus for economic recovery and expansion in the twenty-first century will come from the world's most plentiful resource: the human capital of people. Innovation is the answer for this century just as it has been in the past. Great ideas made America a great nation. Other countries have learned valuable lessons from the history of innovation in this country. Nations that have adopted this core philosophy have also become global leaders. It is a proven formula for the economic viability of nations, and for the sustainable growth of small and

large businesses. Companies need to embrace this spirit today. Those businesses which foster an environment where creativity and out of the box thinking are part of the core culture will be the market leaders and superstars when the sun shines again on the economy Survive and Thrive Even though a single lawyer, law firm or our bar association can't single-handedly turn around the global economy, we can encourage our clients to protect and profit from their most valuable assets, their Intellectual Property (IP) assets. Helping your business clients implement a global innovation strategy will help them through these difficult times and provide a platform for long-term growth. Unfortunately, IP assets aren’t found on most balance sheets. They are usually viewed as a payroll expense for people – rather than as an investment in human capital. These assets are often not even captured by most businesses. The value of IP is often not realized by a business, even during times of economic growth. In times of a declining economy, innovation often become a low priority or is completely eliminated from a company’s strategic plan. This is a mistake. What lawyers can do is to help clients understand that the key to long-term financial vitality is to

The great thinkers of the world became the catalyst for technological enlightenment and economic growth during the twentieth century. It is no different now. The stimulus for economic recovery and expansion in the twenty-first century will come from the world's most plentiful resource: the human capital of people.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

capture and commercialize the individual and collective knowledge of a company's workforce. IP Assets: Additional Revenues Through Innovation A main benefit of IP assets is that these assets can provide revenue streams in addition to day-to-day operating income. This can be of high value in the current economy when many businesses have declining revenues and have difficulty with obtaining financing for business growth. The business climate may be deteriorating for certain businesses in this geographic market. But, an innovative company can weather adverse local conditions if they think national and global. A company that captures its IP, protects it, and commercializes it through its own operations, as well as through licensing, will have an advantage as the economy improves. Other regions may not be impacted like the local mar-

W i n te r

200 9

ket and a client could license its IP assets and generate revenues from similar businesses in other regions of this country or in emerging global markets. It is truly a small world and what is successful in this country can be replicated and successful in Asia, the Middle East or South America. Suppliers and even customers can become strategic partners in a licensing strategy to expand a company’s global revenue base. Growth of IP Assets Should Be a Top Priority Our global economic woes can be cured by technological innovation. It may take a cure for cancer or some new form of energy to catapult the economy back to an era of prosperity. It could be that incremental improvements on existing technologies are all that is needed for our return to prosperity. Lawyers can help clients understand that the key to longterm economic vitality is to capture and commercialize the individual and collective knowl-

Page 11

edge of a company's workforce. Lawyers can help clients grow and prosper by helping them to recognize the value of their company’s IP assets and realizing income from these assets. It could be your client’s great idea that will reduce medical costs, or offer the next generation in communication, or provide something that just makes people enjoy life a little bit more than they do today. Companies should not put innovation on the bottom of their priority list or take the collective development of IP assets out of their strategic plan. Whether the economy is good or bad, an investment in innovation is the best investment a company can make to succeed in the global economy of the twenty-first century. Interested in Learning More? If you have any specific questions, feel free to contact Richard Litman, Section Chair, at 703-486-1000 or at [email protected].

YOUNG LAWYERS! NEW LAWYERS! If you are under 35 years of age or have been practicing less than five years, the Arlington Bar Association's Young Lawyers Section is for you! If you're interested, please let Bill Wittig know by sending him an email at [email protected] with the subject line: Young Lawyers.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 12

CIRCUIT COURT CALENDAR September 2009

April 2009 04/02/09 04/20/09 04/21/09 04/23/09

Criminal Motions GRAND JURY CIVIL TERM DAY (no jury trials this week) Criminal Motions Case Setting/Criminal Motions

May 2009 05/07/09 05/11-13 05/18/09 05/21/09 05/25/09

Criminal Motions NO CIRCUIT COURT JUDICIAL CONFERENCE GRAND JURY Case Setting /Criminal Motions Memorial Day Holiday

June 2009 06/04/09 06/15/09 06/16/09 06/18/09

Criminal Motions GRAND JURY CIVIL TERM DAY (no jury trials this week) Criminal Motions Case Setting /Criminal Motions

July 2009 07/02/09 07/03/09 07/20/09 07/23/09

Criminal Motions Independence Day Holiday GRAND JURY Case Setting /Criminal Motions

08/18/09 08/20/09

Criminal Motions GRAND JURY CIVIL TERM DAY (no jury trials this week) Criminal Motions Case Setting / Criminal Motions

**NO JURY TRIALS 08/17/09 –09/07/09 **

Criminal Motions Labor Day Holiday GRAND JURY Case Setting / Criminal Motions

October 2009 10/01/09 10/12/09 10/20/09 10/19/09 10/22/09

Criminal Motions Columbus Day Holiday Criminal Motions GRAND JURY CIVIL TERM DAY (no jury trials this week) Case Setting / Criminal Motions

November 2009 11/05/09 11/16/09 11/19/09 11/26-27/09

Criminal Motions GRAND JURY Case Setting / Criminal Motions Thanksgiving Holiday

December 2009 12/03/09 12/21/09 12/22/09 12/23/09 12/24-25/09

August 2009 08/06/09 08/17/09

09/03/09 09/07/09 09/21/09 09/24/09

Criminal Motions GRAND JURY

CIVIL TERM DAY (no jury trials this

week) Criminal Motions Case Setting & Motions (not been confirmed yet) Christmas Holiday

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 13

GENERAL DISTRICT COURT CALENDAR Criminal Court (3A) Monday though Friday 9:00 a.m. Bond Motions 9:30 a.m. Trials (non jailable), In-Custody Arraignments 10:00 a.m. Motions, Out-of-Custody Arraignments 11:00 a.m. DWI Pre-Trial Conferences Friday 10:00 a.m. Bond Forfeitures Trial Court (3B) Monday through Friday 9:30 a.m. Misdemeanor Trials 11:30 a.m. Preliminary Hearings Monday, Wednesday, Thursday, Friday 2:00 p.m. Trials/Preliminary Hearings taking more than 1 hour Tuesday 2:00 p.m. Sentencing/Rules

Traffic Court (3C) Monday through Friday 9:00 a.m. Arlington County Police Traffic Cases 10:00 a.m. VA State Police Traffic Cases Monday 10:00 a.m. Arlington Sheriff Traffic Cases Wednesday 9:00 a.m. WMAA Traffic Cases Friday 10:30 a.m. Arlington County Police (SOS) Civil Court (3D) Monday, Tuesday, Thursday (Wednesday: No court, civil judge sits in Falls Church) 9:00 a.m. Traffic Cases 10:00 a.m. Civil Motions and Trials 2:00 p.m. Civil Returns/Pre-Trial Conferences Fridays 9:00 a.m. 9:30 a.m. 2:00 p.m.

Traffic Cases Small Claims Cases (except 1st Friday of the month) Civil Returns/Pre-Trial Conferences

1st Friday of each month 9:30 a.m. Photo Red Light Cases

OFFICE SPACE AVAILABLE Arlington— Two Offices in modern suite with other lawyers working in areas of labor, P.T., commercial, criminal and domestic relations. Facilities, include library, conference room, reception, secretarial station, photocopier, fax, file room, work area, kitchen, and telephone answering. DSL available. Indoor parking. One block from courthouse and Metro. Available now. Contact: Sheldon I. Cohen, (703) 522-1200.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 14

WIRELESS NETWORK SECURITY BY CHRISTOPHER CRITTENDEN, PRESIDENT CARDINAL CONCEPTS, LLC Wireless networks are taking our culture by storm. From businesses and homes to public spaces, it's easier than ever to work using Wi-Fi. With the help of today's technology, almost anybody with basic computing skills can successfully set up a wireless network. No one wants to run the wire to accomplish the same results using a wired network. Wireless is easy that most people don't fully grasp exactly how their data will be transmitted, and why there are inherent security risks associated with wireless. It has been estimated that approximately 40B50% of all wireless network/ data/access users have either inadequate network security or no security at all. Whether using a home network, corporate Wi-Fi, or a public hotspot, wireless networking is a convenience that can come with a real threat. Encryption for the Beginner When you are working with the router wizard to setup a wireless network numerous options are presented for encryption protocols and information provided on how important they are, but can they really keep a wireless network safe? The 802.11 specification is a family of protocols developed for wireless LAN technology. What are they and what do they do? Wired Equivalent Privacy (WEP)

Designed for Wireless Local Area Networks (WLANs), WEP provides wireless security equivalent to that of a wired LAN. While it is still considered to be a basic deterrent, it has several known flaws that any moderately skilled hacker could exploit with just a little time and a few tools. WEP is easily hacked. While WEP is regarded as the baseline from which subsequent, more effective protocols were developed, today it is primarily used with older equipment. In order to avoid the security issues presented by WEP, a switch to either WPA or WPA2 is recommended. Wi-Fi Protected Access (WPA) Built upon the foundation of WEP, WPA was created in 2002 to bring enhanced LAN security to the wireless market. WPA uses Temporal Key Integrity Protocol (TKIP) encryption, using the same RC4 algorithm as WEP for encryption, but adding sophisticated key management and effective message integrity checking. Developed in conjunction with the IEEE 802.11 Standards Working Group for WLANs, WPA effectively replaced WEP and the other security features of the original 802.11 standard. WPA offers dynamic key encryption and mutual authentication. It secures both email packet headers and their payloads, and provides a deterrent to replay attacks. WPA's

Whether using a home network, corporate WiFi, or a public hotspot, wireless networking is a convenience that can come with a real threat.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

enhanced encryption is an ideal solution for wireless networks that deal with many different types of 802.11 radio Message Integrity Checks (MICs) such as public hotspots. Most leading wireless access point and chip set vendors have lent their support to WPA. WPA is not a miracle cure. New issues have emerged as a result. Like its predecessor WEP, WPA has been found to have weaknesses that can be used to bring down a network. Two attack techniques adept at exploiting WPA vulnerabilities are dictionary attacks and Denial of Service (DoS) attacks. A dictionary attack tries to defeat an authentication mechanism by searching a large number of possibilities to determine its pass phrase. As a WPAprotected connection is being established, four data packets are exchanged. Once a hacker has access to those four packets, he or she can carry out a dictionary attack on the pass phrase. Pass phrases of 14 or more characters are least susceptible to a dictionary attack. A DoS attack brings a network down by flooding it with useless traffic. Using an erroneous encryption key, a hacker transmitting two packets of unauthorized data during a one-second interval can fool the system into believing it's under attack so that it will shut itself down, temporarily disabling all user connections on that access point. WPA is most effective when supplemented with other wireless security precautions.

W i n te r

200 9

Wi-Fi Protected Access 2 (WPA2) The second generation of WPA, known as WPA2, replaced TKIP encryption with 128-bit Advanced Encryption Standard (AES) encryption for compliance with FIPS140-2 government security requirements. With each successive generation of standards, there are new issues to address. WPA2 requires a dedicated chip to handle the encryption and decryption, which for many will mean a hardware upgrade in order to take advantage of the benefits. However, as the standards evolve and solidify, wireless networking will become less about risky business and more about its true objective: flexibility for enterprises and their users. Hacker is as Hacker Does Wireless networking is relatively new, it's a prime target for up-and-coming hackers looking to make an impact, or seasoned criminal hackers out for financial gain. Many people still harbor the stereotypical picture of the geeky hacker in their minds: a lonely social outcast who lives with his parents and boosts his self-esteem through technological mischief carried out late at night from a darkened suburban bedroom. But that's exactly what they want everyone to think. In reality, a hacker can be anyone: the friendly, businesslike “researcher” on the other end of a phone conversation, the

Page 15

guy sitting innocently in his car outside an office building, or even that freshly-scrubbed college girl sitting next to you at your favorite coffeehouse. Using a variety of easily accessible tools such as encryption-cracking programs, Denial of Service (DoS) tools, LAN scanners, long-range antennas, wireless sniffers, and automated exploit software, hackers can do everything from eavesdrop on email and Instant Messaging conversations to steal and use financial data such as account information and credit card numbers. Hackers often look for access points (AP) that have been set up without changing the default/factory configuration to prevent the open broadcast of Service Set Identifiers (mobile device passwords for connecting to wireless stations), or without resetting the default password. In public hotspots, the risk of attack is greater. Hackers can hijack data simply by launching an attack against unsuspecting computer users as they log on to the network. Sometimes, however, the door to a wireless network is left open for hackers by unconcerned or uninformed employees. Because wireless networks are so easy and inexpensive to install, employees can buy a wireless card for as little as US $50 and set up unauthorized, unencrypted wireless access points by simply attaching them to a “wired” corporate network. It's estimated that an employee's ability to buy and install unmanaged access points could result

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

in more than 50% of enterprises ex- the same SSID. posing sensitive information To reduce risk of spoof type through wireless networks. attacks, users should disable network interface cards when not in Wi-Fi Phishing use. Windows XP should be configMore computer users are ured to connect only to Preferred taking advantage of the opportunity Networks, only in Infrastructure to get connected or get work done in airports, hotels, coffee houses, Avoiding the Security Pitfalls and other public places. Wi-Fi hacking often sucEvery modern convenience ceeds because users make mistakes. brings with it a group of opportun- Education can help them recognize ists ready to exploit it for destrucattack symptoms and avoid known tive purposes, and wireless hotspots risks. In order to provide the most are no exception. Anytime a user comprehensive defense against a connects via a wireless hotspot, they hacker assault on your wireless netare vulnerable to what is called a work: spoof site attack or the Evil Twin attack. Also known as “Wi-Fi Phish- Users should never accept certifiing,” spoof site attacks take place cates or keys presented when when a hacker sets up a fraudulent, connecting to APs or application unencrypted wireless AP that mim- servers. This will avoid ics the look and feel of the legiti“downgrade” attacks, where a mate AP at a given site. In a sucphony AP operates without 802.1x, cessful attack, the spoof site AP has or a phony portal operates without a stronger signal than the legitimate SSL. In smaller WLANs, configure AP, and computers automatically clients with a list of Specified APs. attach to it when trying to connect to a network. Users log on to the If an AP offering free Internet spoof site rather than the legitimate seems too good to be true, it AP, and unwittingly give the hacker probably is. Given a choice beaccess to their passwords, files, tween free wireless and paying out email accounts, personal account of pocket, most people unfortudata (banks, etc.), and credit card nately choose the riskier free service information. every time. A company-defined plan The promiscuity of clients that pays for safe Wi-Fi access will that hop from hotspot to hotspot is help keep users out of trouble. the main vulnerability exploited by phony AP’s. Hotspotter tools pro- Encourage employees to use Sevide information on signal availabil- cure “hotspot” tools. Connectivity ity and strength, as well as essential platforms with an encrypted login network data, monitoring Microprotocol eliminate interaction with soft® Windows® XP client respoof-able login portals. WPA netquests and comparing them to com- work options using 802.1x verify mon hotspot SSID names. If there authentication server certificates to is a match with the client's request, help defeat Man-in-the-Middle the rogue client acts as an AP with (MITM) attacks. MITM attacks al-

Page 16

low an attacker to read, insert, and modify messages between two parties without either party knowing that the link between them has been compromised. Make sure the Operating System (OS) is securely configured. Make sure to control the wireless station configuration on employee desktops, laptops, and/or PDAs. By taking users out of the equation, or at least reducing their role in determining device settings, the risk of attack can be significantly diminished. Implement 802.1 x-based authentications where possible. Turn off the broadcast of the manufacturer's service set identifier, and change the default access point or router password to reduce overall vulnerability levels. Set up an access list. Determining a list of devices authorized to associate with the access point or wireless router gives you more control over risk. Turn off wireless administrative access to the access point. As access points broadcast in all directions at once, something as simple as physically locating the access point or router away from external walls and windows can make a significant difference in your level of risk. What is in the Future? Wireless security will continue to be a concern for the foreseeable future. Although a single overall solution has yet to be perfected, the best protection is always prevention. As the tools evolve,

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

we'll no doubt get closer to the goal changes. of secure wireless. But as soon as If you need to audit your we do, you can bet there's a hacker wireless network, establish a policy out there, happy to adjust to those or require assistance in setting up a

Page 17

secure wireless network contact Bandwidth Services 703.864.6212.

Bandwidth Services, LLC CHRIS CRITTENDEN

Real-Time Technology Solutions for Home and Small Businesses more than 25 years experience providing comprehensive IT solutions, specializing in home and small businesses. ■ REMOTE AND ON-SITE SUPPORT ─ Full service IT support that can be provided either remotely or on-site, depending on the client’s needs. ■ TECHNOLOGY RENEWAL SERVICES ─ Extensive experience in bringing outdated or incompatible equipment and software up-to-date with the least amount of disruption and investment. ■ SERVER AND NETWORK SETUP AND MAINTENANCE ─ Installation, upgrading and maintenance of systems to meet the needs of an expanding business. ■ TELECOMMUNICATIONS INSTALLATION AND INTEGRATION ─ Installation and maintenance of all aspects of integrating IT and telephony systems. ■ NETWORK SECURITY ─ Implementation of comprehensive network security solutions, including virus, malware, spyware, and spam-blocking strategies to minimize loss of time. Protection of critical applications and networks is not a luxury, it is a requirement for any successful business. Chris Crittenden, Bandwidth Services LLC ▪ Arlington, Virginia ▪ 703.864.6212

YOUNG LAWYERS! NEW LAWYERS! If you are under 35 years of age or have been practicing less than five years, the Arlington Bar Association's Young Lawyers Section is for you! If you're interested, please let Bill Wittig know by sending him an email at [email protected] with the subject line: Young Lawyers.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 18

Raum on Bankruptcy: Bankruptcy Might Just Buy Some Time By Nora Raum I’ll bet many of you have had clients facing foreclosure. And as smart as you are and as inventive as you are, you may have found it difficult to get the bank to hold off. I’ve heard this over and over. The client has been in serious negotiations to modify the loan, but suddenly there’s a notice that a sale has been set. At that point, filing a bankruptcy may be the only way to stop the bank from taking the house. It is important to understand there are two different kinds of bankruptcy. The Chapter 7 is the liquidation kind. The theory is that the debtors turn over all their property to the bankruptcy trustee, who then sells it and gives the proceeds to the creditors. In real life, most people don’t lose anything in a Chapter 7. Bankruptcy is a creature of federal law, but what debtors are allowed to keep in a Chapter 7 is under state law. Virginia is quite cheap but most people I see don’t have more than they’re allowed to keep. A Chapter 7 bankruptcy may be the answer for people who know they can’t hang onto to the house forever but just want to buy a little time. Once the bankruptcy is filed, the mortgage company has to file a motion asking the bankruptcy court for permission to go ahead with a foreclosure. The permission is usually granted. There’s almost never any equity in the property at this point so there’s no reason to deny the creditor the right to protect its investment. But it can take the creditor several months to actually foreclose. In the meantime, your clients are living rent-free and saving their money for a security de-

posit.

If there is equity in the house, you don’t want to file a Chapter 7 because the trustee would take the house to pay off the other debts, such as credit cards and medical bills. Unlike Chapter 13, the debtor doesn’t have the right to have the bankruptcy dismissed later on. Once it’s filed, it’s filed. If there’s equity in the house, the trustee will take it. A Chapter 13 bankruptcy may be appropriate in cases where there is equity in the house and the debtor really can catch up if given more time. You come up with a plan showing how the debtor can pay the debts off in five years. One of the good things about the Chapter 13 is that the debtor has the right to dismiss the case. So the debtor can file a Chapter 13 to stop a foreclosure, negotiate with the mortgage company on a loan modification, and then get the Chapter 13 dismissed when the deal is done. That’s the fantasy, anyway. The trick is you have to come up with a plan that will work if the loan modification falls through. Also, the Chapter 13 must end up paying the unsecured creditors more than if a Chapter 7 had been filed. So if there is equity in the house, the debtor has to pay as much into the plan as the creditors would have received if the assets had been liquidated. Like I say, it’s tricky. But sometimes bankruptcy is the only sure way to stop a foreclosure in its tracks.

Bankruptcy is a creature of federal law, but what debtors are allowed to keep in a Chapter 7 is under state law. Virginia is quite cheap but most people I see don’t have more than they’re allowed to keep.

Editor: Nora is a longtime member of the Arlington Bar and the author of the 2005 book: “Surviving Personal Bankruptcy; Your Guide to the Personal, Legal and Financial Issues,” published by Gotham Books.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 19

AR LI NG TO N CO U N T Y BAR F OU NDATI O N BY LEO ANDREWS, CHAIR On Valentine’s Day this year the Bar Foundation conducted its annual fundraising phone-a-thon: Gift From the Heart. This year the phone-a-thon was organized by Bankhead Davies and Kevin Appel. Sixteen fellow members of the bar contacted each member to solicit funds for the foundation’s sustaining funds and for the Walter T. McCarthy Law Library. A total of $13,990 was pledged and much, but not all, of

those pledges have been received. Half of that money is given to the law library. This is slightly less than the total raised in 2008, but, considering the economy, results show that the bar members are generous, even in the worst of time. We thank all those who helped raise this money and, of course, those who gave during this fundraising drive Later this Spring, the foundation will announce the charitable organizations selected to receive

grants. The amount of grant money available for distribution each year is based upon the interest received from the foundation’s funds which are invested in insured certificates of deposit. In the next issue of the Journal we will announce the organizations which received grants. Again, thanks to all who have contributed to the foundation this year.

ARLIN GTON C OU NTY FOUNDAT ION C ONT R IBU TORS Trustees

(Pledges of $1,000) James F. Almand (Lifetime Contribution over $5,000) Kevin R. Appel Raymond B. Benzinger Betty A. Thompson Jennifer A. Brust Deceased: Ken McFarlane Smith Leonard Buscemi Marni E. Byrum Platinum Manuel A. Capsalis Mark D. Cummings (Lifetime Contribution of $5,000) Leo Andrews Jr. William Dolan, III Mark Cummings Karen A. Henenberg William Dolan Gerald L. Kesten Law firm of Shadyac & Shadyac David Lasso Deceased: Timothy J. McEvoy Hon. Andrew Ferrari John L. Melnick David E. Sher Gold Richard E. Trodden (Lifetime Contribution of $3,000) Paul D. Varoutsos Charles E.K. Vasaly Silver Deceased: (Lifetime Contribution of $2,000) Griffin T. Garnett, Jr. William E. & Cherie B. Artz Joseph Gwaltney James W. Korman William L. Winston Lyla Shealy Deceased: Lifetime Trustees (Contributions of $1,000) Norris Shealy Joanne F. Alper Thea Rossi Barron Leroy E. Batchelor Sustaining Trustees

Double Platinum

Alan E.J. & Susan Branigan Paul D. Brown Howard M. Bushman Bankhead T. Davies Bankhead Thornton Davies John P. Ellis Daniel S. Fiore Griffin T. Garnett III Ronald L. Hiss Edward M. Holland Richard E. Knight Berton V. Kramer Donald O. Manning James B. Miller William G. Murray Alan R. Plumley, Jr. John F. Rutledge Leonard S. Sattler Philip Schwartz Earl E. Shaffer Ethan Allen Turshen George D. Varoutsos Martin D. Walsh William A. Wildhack Jr. John C. Youngs Deceased: Robert J. Arthur George W. Campbell, Jr. Richard W. Corman

Berton V. Kramer Thomas W. Phillips Special Gifts Estate of David B. Chase Tidewater Research Foundation, Inc. Venable, Baetjer & Howard Current Donations Sheriff Beth Arthur Richard Trodden Betty A. Thompson William B. Lawson, Jr. Fitsum Alemu Raymond Benzinger EdNolen Betty A. Thompson (in memory of Ethan Turshen) Betty A. Thompson (in memory of Janet Walker) Judge Dorothy Clarke (in memory of Ethan Turshen) Judge Dorothy Clarke (in memory of Janet Walker) Susan Wise Clay Amanda Ellis John McGavin Speiser Krause Kate Giroux

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n

W i n te r

200 9

Page 20

Arlington County Bar Association 1425 North Courthouse Road Suite 1800 Arlington, VA 22201 Phone: 703.228-3390 Fax: 703.228.7360 Email: [email protected]

We’re on the Web www.arlingtonbar.org

Professional Office Suite Available in Falls Church Separate outside entrance, reception room, private office, furnished conference room with conference table and chairs, full kitchen, with washer/dryer, bathroom with shower, maid service five days a week, and free parking. All utilities included except telephone and internet. Rent is $999.00 a month for the first year and the first month is free. Send inquires to [email protected] or call John Melnick at 703-276-1000.

Arlington Bar Officers and Directors 2008-2009 President: President-Elect: Secretary: Treasurer: Past-President: Directors:

Exec. Dir: Asst. Exec Dir:

William K. Wetzonis William Hassan Brent E. Baxter John C. Lynch William R. Koerner, Jr.. Raymond B. Benzinger. Denman A. Rucker David A. Oblon Frank A. Frio Jeffrey P. Jankovich Jay E. Burkholder

703-228-4410 703-243-7552 703-228-3248 703-228-4410 703-875-8940 703-525-1362 703-525-4900 703-312-0411 703-228-0703 703-528-0701 703-228-4410

Dennis W. Cuppy Barbara Head

703-228-4465 703-228-3390

Arlington Bar Journal Editor: Advertising & Notices:

John A. Borsari

703-524-5800

Barbara Head

704-228-3390

Council Members - 17th Circuit Mark D. Cummings Raymond B. Benzinger Theophani K. Stamos Gregory T. Hunter Adam D. Elfenbein

703-525-1200 703-525-1362 703-228-4410 703-966-7226 703-243-9223